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(영문) 서울고등법원 2017.11.28 2017나2042737
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a church merger agreement (hereinafter “D”).

2) The defendant shall be the E-Ickian wood, and the defendant shall be the E-Ickian Association (hereinafter “F”).

(2) The Plaintiff and the Defendant, around August 2010, decided to merge two churches as the representatives of D and F, while the Plaintiff is a member of the church merged with the Plaintiff, and the Defendant was to retire from the position of the member of the association.

(hereinafter “instant merger contract”). The main contents of the contract (Evidence 3) made between D and F in connection with the instant merger contract are as follows.

Agreement of church Merger

1. The merger between F and D shall begin on September 5, 2010 with the line of lines that are merged on September 14:30;

2. The towing room shall be the FG located in Bupyeong-gu Incheon Metropolitan City.

3.F and D are merged in accordance with the provisions of this Agreement for the interest of the church and the honor of one natural property, and are integrated and managed in the condition as of the date of the Agreement.

4. The Plaintiff’s ownership or D with respect to the building of H Dae-gu 1,430 square meters and Dong 1,430 square meters and Dong 1,00 square meters in Incheon, and at the same time, the Plaintiff purchased the F-based parking lot I, J, K, and L, and the registration shall be owned by the Plaintiff.

5.F and D shall be co-owned in mutual respect of the articles of incorporation, consistency, and historicality before mergers.

6. As of October 20, 2010, the Defendant, as of October 20, 201, leaves from the office of F delegated pastors, and is discharged from the office of F. Meritoriouss.

The plaintiff shall be appointed as a standing tree of F.

7. The Plaintiff, having the power of representation, electric power to the church interest, leading the sexuality with the party member, but he is a timberer with a thickness.

8.No later than one month after the lapse of two years from the appointment of the FIIO, a delegation vote shall be held by the Joint Council with the mother, and if the merger would have not been authorized, the merger would become null and void, and the full amount of the money that was paid to F would have been refunded to F at the time of the merger shall be returned to F by two years, and the power of representation shall be maintained until the return is made, but shall not be the

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